OWI – Suppression Motion Error

By: Derek Hawkins//December 28, 2017//

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Neil R. Hebert

Case No.: 2016AP2168

Officials: HRUZ, J.

Focus: OWI – Suppression Motion Error

The State appeals an order dismissing a citation against Neil Hebert for operating a motor vehicle while intoxicated (OWI), as a first offense, entered after the circuit court had granted Hebert’s motion to suppress evidence. We conclude law enforcement had reasonable suspicion that Hebert was operating his vehicle while intoxicated, which permitted an extension of the initial traffic stop for further investigation of that suspicion. Therefore, Hebert’s constitutional rights were not violated, and the suppression motion was incorrectly granted. We reverse and remand for further proceedings consistent with this opinion.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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